Analysis Of Trademark Dilution Action

In the protection to special objects, trademark dilution theory completely breaks loose the fetters by the traditional trademark tortuous theory. The basic essence of trademark dilution theory is to absolutely protect the interests of far-famed trademark owners. It is based on two major points that laws in time prevent trademark dilution acts. On the one hand, although using specific far-famed a trademark would not decrease the markedness of this certain trademark, the markedness decrease or even degeneration of the original trademark would surely occur if such arbitrary activities could spread so easily. Therefore, such activities are supposed to be prevented by laws on account of protecting the original trademark owners' interests. On the other hand, although the using of the trademark does not do direct negative harm to the original trademark, the harm by using the trademark by others is like a kind of unearned commercial hitch-hiking and it is supposed to be prohibited from the perspective of standardizing the holistic market competition order.After some ten years' research, much has been achieved by the scholars in China in the field of trademark dilution. However, research in this field on the whole has not been to the depth, and many issues require further investigation. Although the present laws in China have many regulations to trademark dilution, they can not fulfill the realistic demands. There arise many cases as a result of trademark dilution. Consequently, trademark dilution law-making is becoming urgent both in theory and in practice. Through the investigation of the far-famed trademark dilution theories in the U.S, France and other countries, this dissertation will systematically analyze the various acts that cause far-famed trademark dilution. Then the dissertation will discuss the great harms caused by far-famed trademark dilution. The study will then deal with the necessity of strengthening the protection to trademark anti-dilution. Finally, on the basis of the reality in China, the dissertation will put forward practical measures and law-making suggestions for the protection to far-famed trademark anti-dilution.